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40 <br />C: <br />•0 <br />SECTION XI <br />AVAILABILITY OF SERVICE <br />1. Subject to the provisions of Section XI (b) the Utility shall <br />furnish, supply, install and make available to any and all persons within <br />the franchise territory making demand therefor, .its public water and/or <br />wastewater system, and shall provide such demanding person with its <br />services and facilities; provided, however, that the Board may, upon <br />application of the Utility extend time for providing such service to such <br />demanding person. In the event the Utility fails to provide its services <br />and facilities as an water and/or wastewater system to any area within the <br />franchise territory within the time specified by the Board, then in such an <br />event, the County may, by resolution of the Board, limit, restrict and <br />confine the territory to that area then being serviced by the water and/or <br />wastewater system by the Utility or such greater area as the Board shall <br />determine; and thereafter, the territory shall be only the area set forth, <br />in the resolution adopted by the Board. <br />2. The Utility shall not be required to furnish, supply, install and <br />make available its public water and/or wastewater system to any person <br />within the franchise area unless the same may be done at such a cost to the <br />Utility as shall make the addition proposed financially feasible. <br />Financially feasible shall mean that a fair and reasonable rate of return <br />shall be realized by the Utility for all its services under this franchise; <br />that such rate of return on its rate base under efficient and economical <br />management. The burden of showing that prospective service to the area is <br />not financially feasible shall be the burden of the Utility. <br />SECTION XII <br />TRANSFER OF OWNERSHIP <br />1. The Utility or its shareholders shall not sell or transfer its <br />plants or systems or stock to another nor transfer any rights under this <br />franchise to another without the approval of the Board. No such sale or <br />transfer after such approval shall be effective until the vendee, assignee <br />or lessee has filed with the Board an instrument in writing reciting the <br />fact of such transfer and accepting the terms of this franchise and <br />agreeing to perform all of the conditions thereof. In any event, this <br />franchise shall not be transferable and assignable until notice or request <br />for transfer and assignment shall be given by the Utility to the Board in <br />writing accompanied by a request from the proposed transferee, which <br />application shall contain information concerning the financial status and <br />other qualifications of the proposed transferee and such other information <br />as the Board shall require. <br />2. A public hearing shall be held on such request, of which notice <br />shall be given by publication in a newspaper regularly published in the <br />County at .least one time not more than one month or less than one week <br />preceding such hearing. Certified proof of publication of such notice <br />shall be filed with the Board. The Board shall act within ninety (90) days <br />